BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 16 of 2016
Mustak Hussain Choudhury,
S/o AK Rabijul Haque Choudhury of Dhonehari Part-III
P.O- Sildubi, P.S- Silchar, Dist. Cachar, ……………………. Complainant
-V/S-
1. Oriental Insurance Co. Ltd.,
Represented by:- Branch Manage,
Oriental Insurance Co. Ltd., Hemlata Market,
Basistha Chariali, Guwahati-781029………………………… O.P No.1
2. The Branch Manage,
Oriental Insurance Co. Ltd., Hemlata Market,
Basistha Chariali, Guwahati-781029………………………… O.P No.2
3. Chief Regional Manage,
Oriental Insurance Co. Ltd.,
GS Road, Ulubari, Guwahati- 781007………………………. O.P No.3
4. Deputy Manage,
Oriental Insurance Co. Ltd.,
Service Ventical Crentre, Saswata Building,
Dr. B. Baruah Road, Ulubari, Guwahati-781007…………… O.P No.4
5. Divisional Manage,
Oriental Insurance Co. Ltd., Divisional Office, Silcahr
PWD Road, Town Club Building, Silcahr-788001…………. O.P No.5
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Sri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared: - Md. Mazarul Haque Ahmed & Zaheer Ahmed, Advocate for the complainant.
Mr. Santanu Nandan Bhattacharjee, Advocate for the O.Ps.
Date of Evidence 02-06-2017, 31-08-2017
Date of written argument 03-11-2017, 25-06-2018
Date of oral argument 06-08-2018
Date of judgment 24-08-2018
JUDGMENT AND ORDER
Sri Bishnu Debnath
The Complainant Mustak Hussain Choudhury brought the instant case against the Oriental Insurance Co. Ltd. and its Officer including Divisional Manager, Silchar for award of direction to make payment of sum insured of the vehicle bearing Regd.No.AS-11/BC-3659.
He brought the Complaint with the facts below:-
The aforesaid vehicle after purchasing the complainant insured it with O.Ps (vide Insurance Policy No. 321206/31/2014/3050) for the period from 11/12/2013 to 10/12/2014. The sum insured was Rs.7,50,000 (Rupees Seven Lac Fifty Thousand) only. But in the night on 17/09/2014 the said vehicle has been stolen away by unknown miscreant from his garage.
Accordingly, he lodged FIR and informed the insurance company. The O/C, Sonai P/S registered the Sonai P/S case No.167/2014 U/S 379 (corresponding to GR case No.4943/2014). Investigated the case but did not find any clue and vehicle was also not recovered. Accordingly, FR submitted. The said FR was accepted by Hon’ble CJM, Cachar on 13/07/2015. The Complainant also submitted claim to the O.P. But the O.P did not settle the claim. Hence, the instant case has been lodged.
The O.Ps in the joint W/S stated inter-alia that the Complainant did not submit second Ignition Key of the vehicle with remote and Tag Number for which his claim could not be settle.
During hearing the Complainant submitted his deposition with relevant documents. The O.P. also submitted deposition of Sri Pradip Kumar Acharjee and exhibited copy of FR, copy of order of Hon’ble CJM, Cachar for accepting of FR etc. After closing evidence both sides’ counsels submitted written argument.
I have heard oral argument of the Ld. Advocate of the Complainant, and perused the written argument, evidence on record and letter dated 11/12/2017 of Authorized Dealer of Mahindra & Mahindra Ltd.
In this case the fact of stolen the vehicle and fact of Insurance of the said vehicle are not challenged by the O.P. Rather from the exhibited documents of both the parties it is crystal clear that the insured vehicle has been stolen away and police could not recover the same. So, the claimant has made out a prima facie case for claim of sum insured from the O.P. But O.P took plea that second Ignition Key has not been submitted by the complainant for which payment was not made.
In that aspect, the Complainant by adducing oral evidence and by exhibiting the letter dated 04/02/2016 supporting affidavit vide Ext.10 and Ext.10 (I) tried to convince this District Forum that he communicated the O.P. that he receive only one Ignition Key with remote and Tag Number and another Key received without remote and without Tag Number. Subsequently he produced a letter of the Authorized dealer of the said vehicle in support of his above plea. The Delivery challan is Ext.15. As per that document he received 2(two) Keys of the vehicle but no detail description is given in the Ext. 15 regarding the 2(two) Keys. Of course, in the letter dated 11/12/2017 of the said Authorized dealer name & style Industrial and Farm Equipment stated as below:-
“ With reference to your letter on dated 11/12/2017 regarding the above subject matter we would like to inform you that in Bolero vehicle Key tag number has been purchased only on the Key with remote. Another key without remote do not purchased only Tag number on it’’.
I have accepted the said information as reliable and as such it is conducted that the evidence which adduced by the Complainant with the help of Ext.10, Ext.10 (I) and Ext.15 are sufficient to hold that he submitted both the key which he received at the time of taking delivery of the vehicle from the Authorized Dealer.
Hence, it is concluded that the O.Ps are found in negligent to settle the claim. So, they are jointly and severally liable to pay insured value of the aforesaid vehicle subject to statutory depreciation if any and also liable to pay compensation for mental agony of Rs.10,000 (Rupees Ten Thousand) only and cost of the proceeding of Rs.5,000 (Rupees Five Thousand) only.
They are directed to make payment of aforesaid total awarded amount within 45 days from today. In default, interest at the rate of 10% per annum to be added to the awarded amount with effect from the date of defaulter till realization of the full. Of course, the complainant must put signature on subrogation letter, Acknowledgement etc. if placed by the O.P at the time of payment of awarded amount, so that, in future if the stolen vehicle is recovered the complainant cannot claim the vehicle and at the same time it will be treated as property of the insurance company.
With the above, the case is disposed of on contest. Supply free certified copy of judgment to the parties. Given under my hand and seal of this District Forum on this the 24th day of August,2018.
Signature of the President
Signature of Member (Sri B.Debnath)
(Sri K.K.Sarda)
